1. General provisions
1.2. The Company is an Estonian private limited company, registered under registry code14858672, having its registered seat at Harju maakond, Lasnamäe linnaosa, Punane tn 6-219, 13619 Tallinn, Estonia.
1.3. We provide via the website www.GCC3D.com the financial services – a virtual currency wallet service (hereinafter the “Services”).
1.4. This agreement is deemed to be concluded in the Republic of Estonia. Use of the software and service occurs in the Republic of Estonia regardless of the user’s physical location.
2. The Services’ profile
We provide the Services according to law of the Republic of Estonia and European Union law with the following license from the Financial Intelligence Unit of Estonia: “Financial services, Providing a virtual currency wallet service” # FRK001144 of 23.12.2019.
3. The User’s account and wallets
3.1. You must be an adult having full capacity for juridical acts or legal person to use our Services.
3.3. All information provided by the User or collected about the User, as well as the User’s wallets and any balances on the User’s wallets are connected to the User’s account.
3.4. We may, in our sole discretion and without liability to you, with or without an explanation refuse to let you register a profile and/or open a wallet.
3.5. Registration is subject to the rules set forth in procedural and internal control rules of the Company pursuant to Money Laundering and Terrorist Financing Prevention Act.
3.6. You hereby accept and acknowledge that you take responsibility for all activities that occur under your wallet and accept all risks of any authorized or unauthorized access to your wallet, to the maximum extent permitted by law.
4. Due diligence and Know-Your-Customer rule
4.1. The purpose of the User’s due diligence is to prevent the use of assets and property obtained in a criminal manner in the economic activities of credit institutions and financial institutions and in the services provided by them whose goal is to prevent the exploitation of the financial system and economic space of the Republic of Estonia for money laundering and terrorist financing. The User’s due diligence is aimed, first and foremost, at applying the Know-Your-Customer principle, under which a customer shall be identified and the appropriateness of transactions shall be assessed based on the User’s principal business and prior pattern of payments. In addition, the User’s due diligence serves to identify unusual circumstances in the operations of a customer or circumstances whereby an employee of the Company has reason to suspect money laundering or terrorist financing.
4.2. Requirement for the measures of prevention of money laundering and terrorist financing is that the Company does not enter into transactions or establish relationships with anonymous or unidentified persons. Legislation requires that the Company waives a transaction or the establishment of a business relationship if a person fails to provide sufficient information to identify the person or the Company identifies facts whose characteristics refer to the use of criminal proceeds or terrorist financing or the commission of related offences or an attempt thereof or with regard to which the Company suspects or knows that it constitutes money laundering, either terrorist financing or the commission of related offences. Also, legislation requires not to establish or continue business relationships if the person fails to submit sufficient information to apply a customer due to diligence measures.
4.3. Under current law the Company has the right, taking account the special requirements and restrictions provided by law, to use the services of a third party under a contract the subject of which is the continuing performance of activities and continued taking of steps required for the provision of the Services by the Company to its customers (the Users) and that would normally be performed and taken by the Company itself. For the purposes of this section, third parties include, for instance, agents, subcontractors and other persons to whom the Company transfers the activities relating to the provision of the Services provided as a rule by the Company in its economic activities.
4.4. If the Company does not provide otherwise for a particular User or group of Users, user identification is provided by the following identification services:
– SUM AND SUBSTANCE LTD incorporated and registered in England with company number 09688671, whose registered office is at 30 St. Mary Axe, London, England, EC3A 8BF, and/or BIG / Blockchain Intelligence Group / QLUE Forensic Systems Inc., # 410 – 1199 West Pender Street, Vancouver, British Columbia, V6E 2R1, Canada.
4.5. Under this Agreement you, as a User, grant consent to the transfer of your personal data from these identification services to the Company.
4.6. The User must take into account that, given the legal obligations of the Company under the Money Laundering and Terrorist Financing Prevention Act and other relevant laws the Company should keep personal information of the Users, and such information cannot be removed or deleted upon the User’s request.
4.7. User has legal obligation to inform the Company if they are:
a) a politically exposed person;
b) a person whose place of residence or seat is in a country where no sufficient measures for prevention of money laundering and terrorist financing have been taken;
c) a person with regard to whose activities there is prior suspicion that the person may be involved in money laundering or terrorist financing;
d) a person with regard to whom international sanctions are imposed;
e) if their identity document is stolen.
4.8. User warrants that they will not use the Services to hold or trade in funds or digital assets which they know or suspect to be in violation of anti-money laundering laws, sanctions, or other relevant related regulations. These include, but are not limited to, supplying the virtual currency to individuals or countries subject to any financial sanction regimes. In case of the User receives any funds or virtual currency from other Users in the course of their use of the Services which they know or suspect to contravene applicable anti-money laundering laws, sanctions and other relevant related regulations, User warrants that they will immediately notify Company by e-mail [email protected] by including all relevant details and further warrants that User will not transfer any such funds or digital assets out of their account or any other digital asset wallet under User control without Company’s prior written permission.
5. Acceptable use
When accepting these Terms And Conditions of Use, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
a) use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services and software composing our website www.GCC3D.com in any manner;
b) use our Services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering or terrorist activities, or other illegal activities;
c) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our software or to extract data;
d) Use or attempt to use another user’s account without authorization;
e) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our software composing our website www.GCC3D.com that you are not authorized to access;
f) develop any third-party applications that interact with our software composing our website www.GCC3D.com without our prior written consent;
g) provide false, inaccurate, or misleading information;
h) encourage or induce any third party to engage in any of the activities prohibited in European Union or in the country of your residence.
6. Canceling orders, pausing transactions or restricting the User’s access
6.1. The Company has the right to cancel the User’s order in case of:
a) a swap (change of the blockchain or contract);
b) rebrand, merge, or split of a specific cryptocurrency;
c) deleting cryptocurrencies (entails orders);
d) illegal activity of the User (exploiting vulnerabilities of the Company’s blockchain or the website www.GCC3D.com);
e) a request from law enforcement agencies or
f) if the Company suspects the User’s involvement in money laundering or terrorist financing.
6.2. In case of cancelling the User’s order or pausing the transaction the Company shall procure that all the User’s founds and/or cryptocurrency shall remain with the User and its currency wallets. Such founds and/or cryptocurrency shall remain at the User’s disposal, unless the binding provisions of law provide otherwise.
6.3. The Company has the right to freeze the User`s account if:
a) the Company has detected suspicious User’s activity;
b) the Company has detected an orphan transaction or the User’s attempt to perform a non-existent transaction or simulate a transaction that is not confirmed in blockchain);
c) the Company has observed that the User is trying to use blockchain vulnerabilities unfairly;
d) the Company has received a motivated request or interference about the illegality of the transaction from the developers of coin or token;
e) the verification period expires;
f) the Company has received the request from law enforcement agencies;
g) the Company suspects the User’s involvement in money laundering or terrorist financing.
6.4. The freezing the User’s account shall last as long as the Company is able in normal course of action to elucidate the situation, unless the binding provisions of law provide otherwise.
6.5. The company has the right to pause the transaction if:
a) the Company detects that the transaction comes from suspicious sources (wallets);
b) the transaction does not have confirmations in blockchain;
c) the transaction can be cancelled if it has an invalid status in blockchain.
6.6. The User can also enable account freezing if they suspect that their mailbox has been hacked or that a third party has gained access to their account or is trying to log in to his account. To do this, the User needs to click the freeze account button on the website www.GCC3D.com in their account. If the User self-consciously initiated account freezing, then further recovery of the User’s account after freezing occurs through the Company support.
6.7. For restoring an account during freezing, the User must go through the verification process again, as well as provide the Company with additional information about the User’s activity before account freezing for the Company to make sure that the User’s data is correct.
7. Assumption of risks and limitation of liability
7.1. Engaging in trades may be risky, especially if you engage in any margin trades or use any other sophisticated trading options. You should not use the Services if you do not understand these risks, or if you do not have sufficient qualifications.
7.2. You accept and acknowledge that there are risks associated with utilizing an Internet based Services including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Comapny will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
7.3. We will use reasonable endeavours to verify the accuracy of any information on the website www.GCC3D.com but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of this website, information and functions made accessible through the website, any hyperlinks to third party websites, nor for any breach of security associated with the transmission of information through the website or any website linked to by the website.
7.4. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from:
a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
b) server failure or data loss;
c) corrupted wallet files;
d) unauthorized access to applications;
e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the website www.GCC3D.com or Services.
7.5. We make no warranty that the website www.GCC3D.com or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the website.
8.1. The Services are provided for payment. Table of fees is presented on the website www.GCC3D.com. Before the User will use the Service for fee they shall be asked for acceptance of the amount of such fees.
8.2. The fee for abandonment of the account is defined in point 9.3 of these Terms And Conditions of Use.
9. Termination of the Agreement
9.1. This Agreement may be terminated:
f) by the User at any time with immediate effect,
g) by the Company in situations described below.
9.2. In case the termination of the Agreement the User’s account shall be deactivated. The User shall have only the ability to withdraw their founds from the User’s account within the term of limitation of their claims unless the binding provisions of law provide otherwise.
9.3. This Agreement shall be terminated if the User has not accessed their account for more than 1 year. In such case the account shall be deemed to be abandoned unless the User will reply to the Company’s notice within at least 7 days since the delivery of such notice. If the User shall not reply in due time the Agreement shall be terminated with immediate effect and the charge in the amount of 1% of each wallet whole remaining balance shall be deducted. The User shall have only the ability to withdraw their remaining after deduction founds from the User’s account within the term of limitation of their claims unless the binding provisions of law provide otherwise.
9.4. The Company may terminate this Agreement with 7-days notice if:
a) the User materially violate these Terms And Conditions of Use;
b) the User violate the provisions of law by using the Services, in particular the User using the Services in a way contradictory to the law of Money Laundering and Terrorist Financing Prevention Act;
c) the User will not go through positively the verification process in case of theirs account is freezing;
d) upon the relevant provision of law or at a request from law enforcement agencies.
9.5. The Company may terminate this Agreement with at least 30-days notice if the Company decide to cease performing the Services.
9.6. In all cases of the Agreement termination, information about the User and about User transactions necessary to comply with the requirements of the law, in particular about money laundering, is stored for the time necessary to comply with the requirements of such legislation.
10. Technical conditions of provision of Services
10.1. The correct operation of the website www.GCC3D.com requires a device with access to the Internet and a browser (e.g. Mozilla, Opera, Chrome) which supports Java Script and cookies. The Company shall inform the Users that using an outdated browser may cause a malfunction of the website.
10.2. In order to develop the website www.GCC3D.com and minimize the risk of failure, the Company may conduct periodic technical breaks, during which changes are introduced in the IT system. These breaks take place, if possible, at night, and the Users are informed about the date and expected length of their duration at least several hours in advance.
12. Complaint procedure
12.2. A complaint might be made in written form by sending a letter to the Company address set out in point 1.2 above or in electronic form by sending an mail at: [email protected]
12.3. A complaint should include the name (log-in) of the User, circumstance justifying the complaint and a proposed way of settling the complaint.
12.4. The Company shall replay to the complain at least within 14 days.
12.5. The User will be informed about the way of resolving the complaint in the same form in which it was submitted.
13. Governing law and dispute resolution
13.1. The law applicable to this Agreement is law of Estonia.
13.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, should be solved by way of negotiations. If a dispute cannot be resolved through negotiations between the Company and the User, the User or the Company has the right to refer the dispute to a county court for resolution in accordance with the legislation in force in the Republic of Estonia.
14. Force majeure
14.1. The parties shall not be liable for failure to fulfil obligations if this has been caused by force majeure.
14.2. Under “force majeure” the parties shall mean a circumstance which hinders the performance of This Agreement or an unforeseen event which is beyond the control of the parties, i.e., they cannot influence it and they could not reasonably have foreseen it, e.g.: changes in legislation; state of war, strikes, lock-outs, revolts, blockages; fires, explosions; natural disasters or exceptional weather conditions, including severe rainfall or snowfall, storms, lightning, frost, etc.; power or transmission failures, physical damage to communications cables and equipment by third persons, malfunctions in communications networks or communications lines of third persons or any other circumstances causing disturbances to communications; malicious attacks against infrastructures of Internet service providers of Company or Company`s partners; other circumstances which are beyond the control of the parties and which they could not affect or which, at the time this Agreement was entered into, they could not reasonably have been expected to take into account, avoid, or overcome the impediment or the consequences thereof which render the performance of the contractual obligations impossible.
14.3. If a party’s ability to perform contractual obligations has only partially been affected by force majeure, the party shall be responsible for the performance of these obligations, the performance of which force majeure does not hinder.
14.4. The occurrence of force majeure shall not release the parties from the obligation to take any and all measures to avoid or reduce the damage caused by the failure to fulfil contractual obligations. A party shall resume performance of its contractual obligations as soon as the circumstances of force majeure have been eliminated.
14.5. A party who does not fulfil their contractual obligations because of force majeure shall inform the other party of the circumstance and its effect on their ability to fulfil the obligations and do that immediately after they learned or should have learned of this circumstance.
14.6. Should force majeure, which hinders the fulfilment of contractual obligations, last more than 180 (one hundred and eighty) days, the parties shall have the right to terminate this Agreement without any right to claim compensation for the resulting damage because of force majeure.
16.2. If the changes are not accepted, the User may terminate this Agreement before the changes come into force.
17. Other provisions